Patna High Court

Ful Mohammad Miyan @ Ful Mohammad Ansari @ Fultam MiyanversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: S B P SINGH

Holding

The Court granted regular bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Ful Mohammad Miyan, was arrested in connection with a murder case involving the killing of an informant's younger brother, charged under Sections 147, 148, 149, 307, 302, 34 of the IPC and Section 27 of the Arms Act. He contended that he was falsely implicated, there was no direct allegation or eye‑witness against him, and that co‑accused persons had already been granted bail. The State opposed the bail application, arguing the seriousness of the offences. The Court considered the length of the petitioner’s judicial custody since 13‑06‑2025, the absence of specific evidence linking him to the crime, and the precedent of bail granted to co‑accused. Accordingly, the Court ordered his release on regular bail, subject to a bond of Rs.10,000 with two sureties and conditions of physical presence at trial and a family member as bailor.

Issues considered

Whether regular bail can be granted in a murder case involving Sections 147, 148, 149, 307, 302, 34 IPC and Section 27 Arms Act.
Whether the petitioner’s prolonged custody and lack of direct evidence justify bail.
Whether the bail granted to co‑accused persons influences the petitioner's bail eligibility.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 147, 148, 149, 302, 307, 34

Subjects

bail
murder
IPC
Arms Act
regular bail
judicial custody
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75784 of 2025
                     Arising Out of PS. Case No.-6 Year-2020 Thana- RAXAUL RAIL P.S. District- West
                                                        Champaran
                 ======================================================
                 Ful Mohammad Miyan @ Ful Mohammad Ansari @ Fultam Miyan Son of
                 Sarfullah Miyan R/o Village - Budhwaha, P.S. - Chhauradano, Distirct -
                 Motihari (East Champaran).                             ... ... Petitioner/s
                                                Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raju Kumar, Adv.
                                                   Mr. Shubham Samrat, Adv.
                 For the Opposite Party/s :        Mr.Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

3   21-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has preferred this application for grant

                   of regular bail in connection with Session Trial No. 534 of 2024

                   arising out of Raxaul P.S. Case No. 06 of 2020 registered for the

                   offences punishable under Sections 147, 148, 149, 307, 302 and 34

                   of the Indian Penal Code and Section 27 of Arms Act.

                                 3. It is a case of commission of murder of informant’s

                   youger brother by shot fire.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this case.

                   The allegation against the petitioner is false, concocted and

                   baseless. Petitioner has got no concern with the alleged occurrence

                   in any manner. Learned counsel further submits that the informant

                   – Manish Kumar, is not the eye witness of the alleged occurrence.
          Patna High Court CR. MISC. No.75784 of 2025(3) dt.21-01-2026
                                                      2/2




                    There is no direct allegation against the petitioner nor any eye

                    witness regarding his involvement. Other co-accused persons

                    namely Vishambhar Sah and Manjan Sah have been granted bail

                    by a Co-ordinate Bench of this Court vide order dated 16.09.2021

                    in Cr. Misc. No. 4546 of 2021. Petitioner is languishing in judicial

                    custody since 13.06.2025.

                                 5. Learned A.P.P. appearing on behalf of the State has

                    vehemently opposed the prayer for bail of the petitioner.

                                 6. Keeping in view the aforesaid facts and considering

                    the period under custody, let the petitioner, above named, be

                    released on bail after framing of charge on furnishing bail bonds

                    of Rs. 10,000/- (Ten Thousand) with two sureties of the like

                    amount each to the satisfaction of learned Additional Sessions

                    Judge-V, West Champaran, Bettiah in connection with Raxaul P.S.

                    Case No. 06 of 2020 subject to the following conditions :-

                                 (i). Petitioner will remain physically present in trial on

                    each and every date till the disposal of the case failing which, on

                    two consecutive dates without reasonable cause, the bail bond of

                    the petitioner may be cancelled by the Trial Court.

                                 (ii). One of the bailor shall be his family member.



                                               (S. B. Pd. Singh, J)
Ankit Kumar/-
U      T

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